Very confusing situation - Feeling Scammed on 'New' Car

[davew89]

Dear All,

 

I hope you can help me understand what's going on here; I feel like a dealer has knowingly done something disingenuous (maybe that's normal) but I just can't work out exactly 'what' is going on and how and why I still don't have the vehicle even though it was registered on 31/12/2019 and I have the V5C saying I am the first owner.

 

Long story short but this is my first new car in 15 years.

 

I've had a lot to deal with so it was a 'big' treat/mid-life crisis, and an expensive car.

I went to the showroom (with someone else as witness) to test drive the model and my idea was to get this particular car, on the offer of 0% finance, as new.

This offer was open until 31st Dec 19.

 

on 29th, test drive done, the colour I wanted they didn't have in the showroom/in their direct stock so he said he'd check the 'available' stock to see if there was one in that colour.

 

He comes back, says there is, and gives me the quote.

I check it over; there's no details 'on' the car, like VIN/Reg etc and he just tells me what it'll have and the cost.

I leave a large (and I mean large) deposit for the finance agreement (half of what the deposit will be) and all the paperwork (including all signing of it) was left for him to email me.

 

no paperwork signing was done at all other than me leaving some personal details for him to 'arrange' the finance.

I left with one piece of paper and a receipt from the deposit.

 He told me, in front of my witness, that obviously I wouldn't get it before NY but I'd get it end of next week some time at latest (10th). Verbally of course.

 

Next day, finance stuff arrives.

I ask a question about whether the car is registered at all already..which was skilfully dodged (in hindsight) and I checked it all and signed.

The paperwork had the registration on (that they said they would give it and I know it was registered in my county) and VIN but no details about the car other than it's colour and designation and no way for me to really find out i.e. no details about mileage (then I'm expecting it to be new stock <50 miles at his word) especially as I was only given off the car the same as the scrappage allowance (ie £2k ish).

 

Even what the car had on it I was taking at his word (albeit witnessed) as it wasn't on the paperwork. 

all paperwork signed over internet, finance ok'd and all done by 31st.

 

By 3rd January..to my amazement, the V5C had turned up saying I was first owner from 31/12/2019!

all seems good.

 

However, having started asking from Monday 6th, I'm not hearing anything on delivery and keep getting told there's no-one answering emails at 'wherever' they are getting it from. As if it's some kind of compound/conveyor-belt system. This carries on, and on. To the point that now, having asked for the fourth time plus to still be hearing 'still not heard back', I started to actually investigate myself.

 

I searched on the net and found a VIN checker through an enthusiasts website relating to where it was built.

This brought back a 'build' date of 28th March 2019 and that it was sold to stock!!!!!

 

I am guessing the UK manufacturer imported it and has had it sat, unsold and unregistered, 'somewhere' until my dealer 'sold it' to me 'as new' and then they've 'bought it' from the manufacturer, registered it by 31st to get their bonuses and register it as a 69 plate, and are now waiting for the Manufacturer to deliver it to them on a long line/waitlist of deliveries...and I am still waiting with no idea when it'll even get to the dealer, let alone when I'll get it...even though, I guess, my Warranty has now lost two weeks and two weeks of my finance agreement has also gone.

 

have I got the process right or?

If I have surely it is more than unfair to

a) sell an almost 10 month old car as 'new'

b) 'only' give me £2k off the brand new list price

c) I have no idea what mileage it will have on it or if it's been used or what

 d) not tell the customer any of this at the time so that I could make an 'informed' decision?

 

I do not see a 10 month old car as 'new' and I am already worrying about it's state if it's been sat in some secure 'car park' since April last year.

If I had known this I would have wanted more than £2k off the price but probably just settled for what I could see in front of me there and then or even ordered brand new.

Might not even smell new anymore:( Let alone what could have happened to it sat outside all this time. 

 

What rights do I have to cancel?

Yes, I know (now) I'm an idiot for paying half the deposit up front but 'hindsight' and all that.

 

Obviously all paperwork was signed at home and I clearly didn't have all the info they could, and should, have given me.

I know I'm still within the 14 days to cancel the credit (through manufacturer) but I have no doubt the franchise dealer will not want to give me my deposit back...which means I'd have to sue them....as it was a lot and I'd need it to get another car.

 

Don't get me wrong, I want/wanted the car; I am just worried about it's condition at having been sat for so long and what 'could' have gone wrong in that time.

The fact also that I don't know 'if' it's actually been used, the fact it's almost a year old anyway and that I've only been given £2k off it.

Not seeming so much of a deal now.

Just hacked off really.

 

What do you think?

Are they being unreasonable or am I?

 

 Thanks in advance everyone.

I just want to know facts before I do/Say something.

 

Dave:)

[dx100uk]

from what I understand the experience you have is quite normal.

 

new cars are not 'new', they can quite often site around in storage in various places around the globe, Europe, uk until sold.

 

it's still 'new'.

 

just remember that the slightest thing wrong, even ifi ts a bit of differing colour dash light anything, thats not perfect you make sure the manufacturer gets involved too

many cars now have full manu warranty in excess of 5yrs.

 

 

[davew89]

Thankyou very much. So you suggest it's ok and I should just deal with any 'issues' it has?

 

What about the whole delivery (or non! Delivery issue). I'm obviously still without car and yet actually paying for it in monies, warranty etc. Just moan? What rights to make them get their ar $ e in gear and deliver it? I suppose, theoretically, I am liable as they've put it in my name? Oh, and the money side of it? Just an irritation or, again, you think 'normal'?

 

Thanks in advance. Off to bed now.

 

KR:)

Edited January 15, 2020 by davew89

[dx100uk]

liable for what?

 

today is the 15th of jan

as far as I can see that's just poss 2 weeks in for wherever the car has to come from to be delivered to the dealership and for them to do their bit.

 

when my neighbour bought a new jag last year 2nd august, he was told it wasn't expected to him for 6 weeks, in the end it was 5 weeks..

[davew89]

Sorry I think you misunderstood.

 

I was worried 'I' am liable if it's involved in anything seeing as

a) it's in my name and

b) I don't have it.

 

The delivery thing...only because

a) I was told 'next week'

b) it's an 'in stock' car not a 'built for me' car

c) because it's been registered and I thought that means loss of warranty and it's two weeks of use I'm paying for under three year contract that I don't get the use of.

 

Oh, and the fact that I have no idea 'when' I'm getting it.

Ultimately it's £200 of mine down the drain for nothing.

 

All just genuine questions.

As I said, new car not a normal thing for me.

 

Thanks in advance.

 

Really off now:)

[dx100uk]

forget the sellers warranty

it's a new car manu warranty will be several years.

 

as for 'liability' ...i'm not really sure what you mean,

you are not liable for anything.

 

it might be transported by a car transporter, it might be moved to the dealer by trade plate drivers, you are not responsible if they have an accident etc, they are fully covered by trade policies.

 

 

 

 

[London1971]

It was probably sitting for a few months under the big M5 bridge near Bristol by the docks. If you are ever in a traffic jam on there, take a look down below. Thousands of new cars awaiting sale.

[BankFodder]

Whatever the situation, you are entitled to have the car in your possession on the agreed date – or if no firm date has been agreed then within a reasonable time.

I would have thought that 14 to 21 days would be quite reasonable. If you think that they are taking too long then you could write to them and tell them that time is of the essence and that they have another seven days to produce the vehicle or else you will consider that the contract is at an end. If they want any further delay then this might give you some leverage to negotiate a further discount.

[davew89]

I think what you guys have said is more than fair so thanks. I'll say what you said re 14-21 days and see where we go.

 

Many thanks:)

[honeybee13]

Please let us know how you get on, Dave.

 

HB

[Hammy1962]

What's the car, who's the Dealer?

 

H

[davew89]

Hi All,

 

Just wanted to say I 'still' don't have the car (or a date) but that I'm 'on it' and that, either way, as soon as I know what's happening I will divulge Dealer etc. I don't want to say right now and prejudice anything as, no matter what we'd like to think, you 'out' people and they never become more helpful, only more bitter (even if they're in the wrong!).

 

So, out of interest, what do people think is fair 'compensation' for a) waiting so long b) loss of a month's warranty c) loss of a month's finance payment? Interested in your thoughts and, maybe, what anyone else has received in similar circumstances.

 

Overall I think this is pretty bad considering it's already a 'made' car and all they have to do is stick it on a transporter from A -> B.

 

Thanks

 

Dave:)

 

Edited January 22, 2020 by davew89

[Birmingham Six Legal]

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